Kentucky Harlan Coal Co. v. Holmes

REYNOLDS, Justice.

In two consolidated cases we address the issue of the constitutionality of KRS 342.-732(l)(d) which declares:

If the administrative law judge finds that an employee has occupational pneumoconi-osis with a radiographic classification of category 2/1, 2/2, 2/3, 3/2, 3/3, or progressive massive fibrosis, based on the latest 1LO International Classification of Radio-graphics, there shall be an irrebuttable presumption that the employee is totally *449disabled resulting from exposure to coal dust and the administrative law judge shall award income benefits equal to sixty-six and…